August 27, 2015 |
Filing
117
MEMORANDUM AND ORDER re: 77 MOTION for Summary Judgment filed by Defendant Benny Thurston, Defendant Paula Phillips, Defendant Cristopher Cooper, Defendant Kimberly Irby, Defendant Charles Reed, 116 MOTION filed by Plaintiff Larr y L. Hopkins. IT IS HEREBY ORDERED that Plaintiff's Motion to Appoint Counsel (Doc. 116) is denied. IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment (Doc. 77) is granted. A separate Judgment in favor of Defendants will accompany this Memorandum and Order. Signed by Magistrate Judge Abbie Crites-Leoni on 8/27/15. (CSG)
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May 5, 2015 |
Filing
107
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Defendants shall show cause why they have not provided the Plaintiff with copies of the Inspector General's Report and related documents that have been filed as public documents in this case ( Documents 79-6 (Defendant's Exhibit F) and 79-7 (Bate Stamped as pages 45-79, Hopkins v. Reed, et al.)), as previously directed by this Court, or notify the Court that said reports have been provided to the Plaintiff, no later than May 15, 2015. IT IS FURTHER ORDERED that the Plaintiff's Motion "Requesting the Honorable Court to Re-Address to the Defendants-Again, its Order Compelling Production of Documents" with regard to video footage (Doc. 96) is denied. Signed by Magistrate Judge Abbie Crites-Leoni on 5/5/2015. (JMC)
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March 3, 2015 |
Filing
83
MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that Plaintiff's motions to compel (Docs. 53 and 57) the Defendants to produce the discovery requested (Docs. 30, 47), and motion to review discs containing video footage (Doc. 75) are GRANTED.IT IS FUR THER ORDERED that the Defendants shall produce for the Plaintiff's review in the SECC Litigation Unit on or before March 17, 2015, all of the video footage that has been requested by the Plaintiff including any video of the Plaintiffs trip to th e medical unit. The Plaintiff shall be given one more opportunity to fully review all of the video footage that is relevant to his Complaint. IT IS FURTHER ORDERED that the Defendants shall disclose in a Notice to the Court, with a copy to the Plaint iff, whether additional security cameras were in operation in the areas of interest (i.e., corridors outside of the medical unit, corridor outside of the exterior door to housing unit #1, and inside the medical unit), as well as any other areas that security cameras may have captured the conduct of all persons involved in the use of force incident between 10:28 a.m. and 10:45 a.m. on September 4, 2012). Said Notice must be filed no later than March 13, 2015. IT IS FURTHER ORDERED that Defendant& #039;s shall immediately provide Plaintiff with a copy of all of the written reports in Exhibits F and F-1 to the Defendants Motion for Summary Judgment, as well as Brennan Gibsons Affidavit (Bates Stamped 0085). IT IS FURTHER ORDERED that Defendant& #039;s shall provide to the Court for in camera review a diagram of the SECC that depicts the Plaintiffs travel from his original housing unit to the medical unit on the morning of September 4, 2012, and then to the central wing of Housing Unit #2 wh ere the use of force incident concluded. The diagram shall include markings that identify the location of all security cameras that were in operation in the relevant corridors of the SECC on September 4, 2012, as well as notations regarding any chang es or additions to the location of security cameras after that date. This information must be provided to the Court no later than March 13, 2015.IT IS FINALLY ORDERED that Plaintiff's request for counsel (Doc. 68) and his subsequent such requests in his other motions are DENIED without prejudice. ( Response to Court due by 3/13/2015.) Signed by Magistrate Judge Abbie Crites-Leoni on 3/3/15. (MRS)
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October 29, 2014 |
Filing
63
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion to Take Second Deposition [Doc. # 61] be granted. IT IS FURTHER ORDERED that Plaintiff shall appear for deposition on November 7, 2014, at 10:30 a.m. at Southeast Correctional Center. Signed by Magistrate Judge Abbie Crites-Leoni on 10/29/2014. (JMC)
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July 18, 2014 |
Filing
45
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Leave to Supplement to Add New Claim [Doc. 31] be granted. IT IS FURTHER ORDERED that Plaintiff shall file a Second Amended Complaint adding Paula Phillips as a Defendant her ein within 14 days from the date of this Memorandum andOrder. IT IS FURTHER ORDERED that the Clerk of Court shall mail Plaintiff acopy of the Court's form for filing a prisoner complaint pursuant to 42 U.S.C. § 1983. IT IS FURTHER ORDERED t hat Plaintiffs Motion to Compel Discovery or, In the Alternative, to Appoint Counsel [Doc. 38] be denied. IT IS FURTHER ORDERED that Defendants' Motion to Take Deposition and to Extend the Discovery Deadline [Doc. 44] be granted. IT IS FURTHER O RDERED that Plaintiff shall appear for deposition on July 30, 2014, at 10:30 a.m. at SECC. IT IS FINALLY ORDERED that, in light of the Court's granting leave to file a Second Amended Complaint, the deadline for the completion of discovery be extended to August 15, 2014. ( Amended/Supplemental Pleadings due by 8/1/2014., Discovery Completion due by 8/15/2014.) Signed by Magistrate Judge Abbie Crites-Leoni on 7/18/2014. (1983 forms sent to Mr. Hopkins)(JMC)
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January 15, 2014 |
Filing
22
MEMORANDUM AND ORDER re: 21 MOTION to Appoint Counsel filed by Plaintiff Larry L. Hopkins; IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [Doc. #21] is DENIED, without prejudice. Signed by Magistrate Judge Lewis M. Blanton on 1/15/2014. (JMC)
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November 4, 2013 |
Filing
13
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to be issued upon the amended complaint [Doc. #11] as to defendants Charles Reed, Kimberly Irby, Benny Thurston, and Christopher Cooper in their individual capacities. IT IS FURTHER ORDERED that, in their individual capacities, defendants Charles Reed, Kimberly Irby, Benny Thurston, and Christopher Cooper shall file an answer or other responsive pleading directed to plaintiff's amended complaint w ithin the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that the amended complaint is DISMISSED, without prejudice, as to defendants Charles Reed, Kimberly Irby, Benny Thurston ,and Christopher Cooper in their official capacities. See 28 U.S.C. § 1915(e)(2)(B). IT IS FURTHER ORDERED that, pursuant to the Court's differentiated case management system, this case is assigned to Track 5B (standard prisoner actions). A separate Order directing the dismissal of specific claims will be filed separately.. Signed by District Judge Jean C. Hamilton on 11/4/2013. (JMC)
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October 2, 2013 |
Filing
10
MEMORANDUM AND ORDER: IT IS HERE BY ORDERED that plaintiff's motion to reconsider this Court's September 10, 2013 Order of Dismissal for failure to exhaust his prison grievances prior to bringing this action [Doc. #9] is GRANTED. IT IS FURT HER ORDERED that the Clerk of Court shall reopen this case.IT IS FURTHER ORDERED that the Clerk of Court shall mail plaintiff a copy of the Court's form for filing a prisoner complaint pursuant to 42 U.S.C. § 1983.IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on or before November 2, 2013, in accordance with the specific instructions set forth above. IT IS FURTHER ORDERED that plaintiff's failure to amend his complaint in accordance with this Court's in structions will result in the dismissal of this action, without prejudice and without further notice to him. ( Amended/Supplemental Pleadings due by 11/4/2013.), Case reopened. ((prisoner civil rights forms forwarded to Mr. Hopkins). Signed by District Judge Jean C. Hamilton on 10/2/2013. (JMC)
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September 10, 2013 |
Filing
5
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $7.82 within thirty (30) days fr om the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number;and (4) that the remit tance is for an original proceeding. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint, because plaintiff has failed to exhaust his prison grievances. See 42 U.S.C. § 1997e(a). IT IS FURTHE R ORDERED that plaintiff's motion for stay [Doc. #4] is DENIED as moot. A separate Order of Dismissal shall accompany this Memorandumand Order.( Initial Partial Filing Fee due by 10/10/2013.) Signed by District Judge Jean C. Hamilton on 9/10/2013. (JMC)
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